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END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY
BY COPYING, INSTALLING, DOWNLOADING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“LICENSE”) is a legal agreement between you, either an individual or a single entity (“You”, “End User” or “Licensee”) and KIVI39, obrt za usluge, vl. Tomislav Čipčić (also known as “Panzer Division Games“ and referred to from here on as “PUBLISHER”) for the PUBLISHER software product accompanying this LICENSE which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “GAME”). If you do not agree to the terms of this LICENSE, you should not install, copy, download or use the GAME and in which case you should contact your vendor regarding its return policy. If you are purchasing this GAME from a PUBLISHER or third party distributor and do not agree, click “disagree/decline.” You agree that your use of the GAME acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this LICENSE on behalf of yourself or on behalf of your child or ward, as the case may be.
2. GENERAL.
This GAME in its entirety is copyrighted and is protected by international law. The GAME and any accompanying documentation, media or services including this LICENSE whether on disk, in read only memory, or in any other form is licensed, not sold, to you by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to you. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the GAME. The GAME may contain license management software (also known as digital rights management software) that restricts your use of the GAME.
By pressing Agree or using PUBLISHER Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this LICENSE and the terms herein with your parent or guardian and he or she assents to comply on your behalf and takes full responsibility for your further compliance. You agree that you and or your parent, or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities and to abide and comply with the LICENSE and the terms herein.
3. GRANT OF LICENSE.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the GAME and all intellectual property rights in and to it remains at all times the property of PUBLISHER and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the LICENSE, PUBLISHER hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the GAME on your personal computer, strictly for non-commercial purposes only. You may install the GAME on different computers, but may only run the GAME on one computer at a time.
4. PERMITTED USE.
In addition to installing and playing the GAME on your personal computer, you may also, under the terms of this LICENSE:
i) Create and make publicly available so called “Let´s Play Videos” containing the images and sounds of the GAME through the social media channels (such as Twitch.tv, Youtube.com etc.), whether monetized or not. Soundtracks may only be made publicly available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the following copyright notice must be displayed: “[GAME NAME] ©Panzer Division Games www.attackatdawn.com“. If soundtracks from the GAME are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be withdrawn at PUBLISHER´s sole discretion. Some soundtracks may also be exempt from this permitted use.
ii) Only for the purpose of yours and other´s personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the GAME. You may not distribute the GAME together with the user mod, and may not allow other users to access any paid for GAME content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at PUBLISHER´s sole discretion.
iii) Make copies of the GAME as may be necessary for backup and archival purposes.
5. PROHIBITED USE.
Unless otherwise provided in this LICENSE, you shall not:
i) Remove or alter any copyright or trade mark notices on any and all copies of the GAME;
ii) Copy, rent, lend, lease, sublicense or distribute the GAME other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the GAME;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the GAME, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the GAME;
vi) Exploit the GAME or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site and/or (b) performing in-game services in exchange for payment outside the GAME, e.g., power-leveling; or
vii) Otherwise use the GAME in a way which is not in compliance with all applicable laws.
6. USER GENERATED CONTENT.
Some of PUBLISHER´s Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant PUBLISHER and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game. PUBLISHER is under no obligation to use, distribute or continue to distribute UGC, and you understand that PUBLISHER may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights. PUBLISHER specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to panzer.division.games@gmail.com .
7. SUPPORT SERVICES.
From time to time, at PUBLISHER's sole discretion, PUBLISHER may provide you with technical support and community management services related to the GAME (“Support Services”). PUBLISHER reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Support Services at www.attackatdawn.com/forum/support.
8. GAME UPDATES.
You acknowledge and accept that from time to time, PUBLISHER may patch or update the GAME for the purpose of resolving software bugs or other issues, rebalancing the GAME or adding and/or removing features in the GAME.
9. BETA TESTS.
PUBLISHER may contact you to review and evaluate one or more games, aspects of games, or online features and materials prior to commercial release, or as part of an early release programme (collectively “Pre Release Version”). You will be asked to provide to PUBLISHER only, certain feedback and suggestions while reviewing and evaluating the Pre Release Version. As part of a Beta Test the game data may be reset at any time, during or after the testing process.
You must sign and return to PUBLISHER a Non Disclosure Agreement (“NDA”) before you will be allowed to be a Beta Tester (“Tester”). Your participation as a Tester is subject to the NDA. You understand and agree that the Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test not to copy or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person and fully comply with the terms and conditions of the NDA. You agree that breach of the above obligations will cause irreparable harm to PUBLISHER, and PUBLISHER is entitled, in addition to any other remedies available to it, ex parte injunctive relief to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until PUBLISHER publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to PUBLISHER all copies of the Pre Release Version and confidential or proprietary information PUBLISHER provided to you.
10. MULTIPLAYER AND OTHER SERVICES NOT CONTROLLED BY PUBLISHER.
Some of PUBLISHER´s Games may give you the option of using them through a service that is not controlled by PUBLISHER (for example Steam Game Servers, or some other multiplayer service). PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. PUBLISHER is not responsible for the quality of operation, or the availability of those third-party services. Any use of those services is at your own risk and may subject you to additional or different terms and restrictions by the third party running these services.
Multiplayer functionality is provided as an experimental, BETA feature. PUBLISHER provides it as-is, and is unable to guarantee its availability or quality of operation. PUBLISHER does not provide support for multiplayer issues.
11. TERMINATION.
A. This LICENSE is effective until terminated.
B. You may terminate it at any time by destroying the GAME with all copies, full or partial, and removing all of its component parts.
C. Without prejudice to any other rights, PUBLISHER may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. You shall then cease all use of the GAME and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the GAME which have been downloaded to your unit.
12. LIMITATIONS ON WARRANTY AND LIABILITY.
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law. PUBLISHER warrants that the GAME will provide the features and functions generally described in the product specification on www.attackatdawn.com at the time of your purchase and in the product documentation. This warranty excludes the features labeled as “BETA” or “Experimental” (such as multiplayer functionality), which are provided as-is and used at your own risk.
PUBLISHER DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To the maximum extent permitted by applicable law, in no event shall PUBLISHER, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the GAME or defect in or caused by the GAME, including but not limited to compromising the security of your unit on which the GAME is run, operating system or files, or the provision of or failure to provide Support services, even if PUBLISHER has been advised of the possibility of such damages.
13. GOVERNING LAW.
You agree that this LICENSE shall be deemed to have been made and executed in Croatia and any dispute arising under this LICENSE shall be resolved in accordance with the laws of Republic of Croatia.
14. UPDATE OF THESE TERMS.
We may amend this LICENSE from time to time by posting a prominent notice on our web site. Your continued use of the GAME after changes are posted means you agree to be legally bound by the LICENSE as updated and amended.
15. SEVERABILITY.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this LICENSE to be unenforceable, the remainder of this LICENSE shall continue in full force and effect.
THIS LICENSE IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
KIVI39, obrt za usluge, vl. Tomislav Čipčić
(Panzer Division Games)
Put Skalica 39
21000 Split
CROATIA
IMPORTANT, PLEASE READ CAREFULLY
BY COPYING, INSTALLING, DOWNLOADING, OR OTHERWISE USING THIS GAME, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT.
This end-user license agreement (“LICENSE”) is a legal agreement between you, either an individual or a single entity (“You”, “End User” or “Licensee”) and KIVI39, obrt za usluge, vl. Tomislav Čipčić (also known as “Panzer Division Games“ and referred to from here on as “PUBLISHER”) for the PUBLISHER software product accompanying this LICENSE which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “GAME”). If you do not agree to the terms of this LICENSE, you should not install, copy, download or use the GAME and in which case you should contact your vendor regarding its return policy. If you are purchasing this GAME from a PUBLISHER or third party distributor and do not agree, click “disagree/decline.” You agree that your use of the GAME acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this LICENSE on behalf of yourself or on behalf of your child or ward, as the case may be.
2. GENERAL.
This GAME in its entirety is copyrighted and is protected by international law. The GAME and any accompanying documentation, media or services including this LICENSE whether on disk, in read only memory, or in any other form is licensed, not sold, to you by PUBLISHER and is for use only under the terms of this LICENSE. PUBLISHER reserves all rights not expressly granted to you. The rights granted herein are limited and do not include any patents or intellectual property rights. PUBLISHER expressly retains ownership of the GAME. The GAME may contain license management software (also known as digital rights management software) that restricts your use of the GAME.
By pressing Agree or using PUBLISHER Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this LICENSE and the terms herein with your parent or guardian and he or she assents to comply on your behalf and takes full responsibility for your further compliance. You agree that you and or your parent, or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities and to abide and comply with the LICENSE and the terms herein.
3. GRANT OF LICENSE.
THIS GAME IS LICENSED TO YOU, NOT SOLD. Ownership to the GAME and all intellectual property rights in and to it remains at all times the property of PUBLISHER and, as applicable, its licensors.
Subject to your compliance with the terms and conditions of the LICENSE, PUBLISHER hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the GAME on your personal computer, strictly for non-commercial purposes only. You may install the GAME on different computers, but may only run the GAME on one computer at a time.
4. PERMITTED USE.
In addition to installing and playing the GAME on your personal computer, you may also, under the terms of this LICENSE:
i) Create and make publicly available so called “Let´s Play Videos” containing the images and sounds of the GAME through the social media channels (such as Twitch.tv, Youtube.com etc.), whether monetized or not. Soundtracks may only be made publicly available in the context of a Let´s Play Video. In relation to any Let´s Play Video, the following copyright notice must be displayed: “[GAME NAME] ©Panzer Division Games www.attackatdawn.com“. If soundtracks from the GAME are used, the artist and/or composer of each soundtrack must be credited as well.
The extent of this permission is subject to change from time to time and may be withdrawn at PUBLISHER´s sole discretion. Some soundtracks may also be exempt from this permitted use.
ii) Only for the purpose of yours and other´s personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the GAME. You may not distribute the GAME together with the user mod, and may not allow other users to access any paid for GAME content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at PUBLISHER´s sole discretion.
iii) Make copies of the GAME as may be necessary for backup and archival purposes.
5. PROHIBITED USE.
Unless otherwise provided in this LICENSE, you shall not:
i) Remove or alter any copyright or trade mark notices on any and all copies of the GAME;
ii) Copy, rent, lend, lease, sublicense or distribute the GAME other than as may be permitted according to applicable law;
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the GAME;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the GAME, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the GAME;
vi) Exploit the GAME or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site and/or (b) performing in-game services in exchange for payment outside the GAME, e.g., power-leveling; or
vii) Otherwise use the GAME in a way which is not in compliance with all applicable laws.
6. USER GENERATED CONTENT.
Some of PUBLISHER´s Games allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant PUBLISHER and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game. PUBLISHER is under no obligation to use, distribute or continue to distribute UGC, and you understand that PUBLISHER may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights. PUBLISHER specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games in a way that constitutes copyright infringement may notify us by sending an email to panzer.division.games@gmail.com .
7. SUPPORT SERVICES.
From time to time, at PUBLISHER's sole discretion, PUBLISHER may provide you with technical support and community management services related to the GAME (“Support Services”). PUBLISHER reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Support Services at www.attackatdawn.com/forum/support.
8. GAME UPDATES.
You acknowledge and accept that from time to time, PUBLISHER may patch or update the GAME for the purpose of resolving software bugs or other issues, rebalancing the GAME or adding and/or removing features in the GAME.
9. BETA TESTS.
PUBLISHER may contact you to review and evaluate one or more games, aspects of games, or online features and materials prior to commercial release, or as part of an early release programme (collectively “Pre Release Version”). You will be asked to provide to PUBLISHER only, certain feedback and suggestions while reviewing and evaluating the Pre Release Version. As part of a Beta Test the game data may be reset at any time, during or after the testing process.
You must sign and return to PUBLISHER a Non Disclosure Agreement (“NDA”) before you will be allowed to be a Beta Tester (“Tester”). Your participation as a Tester is subject to the NDA. You understand and agree that the Pre Release Version provided to you is confidential. You agree as a condition of participating in a Beta Test not to copy or reproduce the Pre Release Version, or provide access to the Pre Release Version to any other person and fully comply with the terms and conditions of the NDA. You agree that breach of the above obligations will cause irreparable harm to PUBLISHER, and PUBLISHER is entitled, in addition to any other remedies available to it, ex parte injunctive relief to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until PUBLISHER publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to PUBLISHER all copies of the Pre Release Version and confidential or proprietary information PUBLISHER provided to you.
10. MULTIPLAYER AND OTHER SERVICES NOT CONTROLLED BY PUBLISHER.
Some of PUBLISHER´s Games may give you the option of using them through a service that is not controlled by PUBLISHER (for example Steam Game Servers, or some other multiplayer service). PUBLISHER takes no responsibility for your use of PUBLISHER Software on or through any such service and otherwise has no control over how those services are offered, administered, or operated. PUBLISHER is not responsible for the quality of operation, or the availability of those third-party services. Any use of those services is at your own risk and may subject you to additional or different terms and restrictions by the third party running these services.
Multiplayer functionality is provided as an experimental, BETA feature. PUBLISHER provides it as-is, and is unable to guarantee its availability or quality of operation. PUBLISHER does not provide support for multiplayer issues.
11. TERMINATION.
A. This LICENSE is effective until terminated.
B. You may terminate it at any time by destroying the GAME with all copies, full or partial, and removing all of its component parts.
C. Without prejudice to any other rights, PUBLISHER may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. You shall then cease all use of the GAME and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the GAME which have been downloaded to your unit.
12. LIMITATIONS ON WARRANTY AND LIABILITY.
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law. PUBLISHER warrants that the GAME will provide the features and functions generally described in the product specification on www.attackatdawn.com at the time of your purchase and in the product documentation. This warranty excludes the features labeled as “BETA” or “Experimental” (such as multiplayer functionality), which are provided as-is and used at your own risk.
PUBLISHER DOES NOT WARRANT THAT THE GAME OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To the maximum extent permitted by applicable law, in no event shall PUBLISHER, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the GAME or defect in or caused by the GAME, including but not limited to compromising the security of your unit on which the GAME is run, operating system or files, or the provision of or failure to provide Support services, even if PUBLISHER has been advised of the possibility of such damages.
13. GOVERNING LAW.
You agree that this LICENSE shall be deemed to have been made and executed in Croatia and any dispute arising under this LICENSE shall be resolved in accordance with the laws of Republic of Croatia.
14. UPDATE OF THESE TERMS.
We may amend this LICENSE from time to time by posting a prominent notice on our web site. Your continued use of the GAME after changes are posted means you agree to be legally bound by the LICENSE as updated and amended.
15. SEVERABILITY.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this LICENSE to be unenforceable, the remainder of this LICENSE shall continue in full force and effect.
THIS LICENSE IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.
KIVI39, obrt za usluge, vl. Tomislav Čipčić
(Panzer Division Games)
Put Skalica 39
21000 Split
CROATIA